The spouses' joint responsibility for the family's financial obligations ceases if the marriage is dissolved, cf. Section 79 of the Marriage Act. The cut-off date is then when the petition for separation or divorce was submitted to the state administrator, or when the cohabitation physically ended, if this occurred first.
After this point, the spouses are independently responsible for their own finances, unless separate private agreements on spousal support are entered into. In exceptional cases, a spouse may be awarded spousal support. This means that one spouse is required to pay an amount to support the other spouse after the marriage has ended.
Terms and conditions for spousal support
The main rule for being awarded spousal support is that a spouse's ability and opportunity to provide adequate maintenance after the marriage has been reduced as a result of caring for joint children or the distribution of joint tasks during the marriage.
This means, first and foremost, that the spouse's earning capacity after the marriage must be "appropriate." The fact that the spouse's financial situation deteriorates, even significantly, after the marriage is dissolved is not decisive. A specific assessment must be made of the spouse's ability to find work of a certain standard to cover "appropriate maintenance" after the marriage has ended. Age, level of education, and future prospects in the labor market will form the natural starting points for the assessment.
Furthermore, there must be a causal link between the marriage itself and the reduced earning capacity after the marriage. In this context, the division of tasks during the marriage and the duration of the marriage are particularly important. A typical example is a spouse who has been outside the labor market during the marriage in order to take care of joint children and the household. However, it is not a requirement that the spouses have children, even though this is most common. If the spouses do not have children, the requirement for the duration of the marriage will be stricter. Long-term marriages are assumed to establish a stronger financial dependency than is the case in shorter marriages.
Beyond the above, spousal support can only be imposed if "special reasons" warrant it. This is a narrow exception, intended to cover special cases that are not covered by the main rule and where it would be manifestly unreasonable not to award spousal support.
Note that in both cases, this is a "may rule." This means that no one is entitled to spousal support, and that it is only imposed if it is considered reasonable after a specific overall assessment. The clear main rule is that spouses must support themselves after the marriage has ended. Illness, disability, and future childcare may affect the assessment, but this will normally be offset by general rights under public social security schemes.
The amount of spousal support
The amount of the contribution is determined based on the beneficiary's need for support and the payer's ability to pay. There are no standard rates, and a specific assessment of the parties' financial situation must be made. Large differences are not in themselves decisive, provided that both parties have sufficient means for "appropriate maintenance" after the marriage.
As a general rule, spousal support shall be paid on an ongoing basis. If there are "special reasons," the support may be paid as a lump sum. This may be the case if one of the spouses is to purchase a new home or start a new business as a basis for future income.
Duration of spousal support
The contribution is set for a limited period of up to three years. This means that spousal support is intended as a "transition period" until the spouse is able to support themselves. The length of time awarded will depend on the specific circumstances, including the need for and duration of any retraining.
Contributions may be set for a longer period or without time limitation if there are "special reasons." The law specifies long-term marriages as a special reason. In such cases, the main rule is that the contribution shall be set for a period longer than three years or without a time limit. What is to be considered a long-term marriage must be decided on a case-by-case basis, but case law suggests that a minimum of 15 years must have passed if the parties have children together, or 25 years in other cases.
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Do you have questions about spousal support? The lawyers in Langseth's family law group have many years of experience in assisting spouses with financial settlements after the end of a marriage. Contact us if you would like assistance with your case.